Schaffer v. City Bank Farmers Trust Co.

The appeal in this case was permitted by the Appellate Division of the third department which has certified to us the following question: “ Is this action properly referable under section 466 of the Civil Practice Act?

That section reads in part:

“ § 466. Compulsory reference. The court, of its own motion, or upon the application of either party, without the consent of the other, may direct a trial of the issues of fact, by a referee, where the trial will require the examination of a long account on either side and will not require the decision of difficult questions of law.”

In a general way…